On Tuesday, December 3, 2024, Massachusetts Lawyers Weekly reported that the Massachusetts Commission on Judicial Conduct (CJC) has formally charged District Court Judge Shelley M. Richmond Joseph with multiple counts of judicial misconduct. These charges arise from incidents linked to a 2018 case involving a defendant, Jose Medina-Perez, who was allegedly assisted by Judge Joseph in evading Immigration and Customs Enforcement (ICE) agents.

The CJC asserts that on April 2, 2018, Judge Joseph permitted an off-the-record conversation in her courtroom, which is a violation of Massachusetts District Court Special Rule 211 which requires all courtroom proceedings to be recorded. This discussion, lasting approximately 52 seconds, reportedly included plans for Medina-Perez to exit through a rear door of the courthouse, thereby avoiding ICE custody after his release from state detention.

The commission’s allegations indicate a pattern of misconduct and dishonesty on the part of Judge Joseph, citing her actions and statements to court officials and investigators following the incident. It is also claimed that she directed court personnel to prevent ICE agents from accessing certain areas of the courthouse, further contravening state policy.

Judge Joseph faces charges for violating several provisions of the Code of Judicial Conduct, including Rule 1.1 for failing to comply with the law, Rule 1.2 for actions undermining public confidence in judicial integrity, and Rules 2.2, 2.5, and 2.16 regarding the fair and impartial performance of judicial duties and cooperation with disciplinary authorities.

The CJC has requested that the Supreme Judicial Court appoint a hearing officer to manage public proceedings, which are expected to commence within 30 to 60 days of the appointment. Previously, federal criminal charges against Judge Joseph were dismissed in 2022 after she acknowledged certain facts related to the incident and sought a disciplinary review from the CJC.

In response to the current charges, Judge Joseph has contested the allegations of misconduct, with her attorney, Thomas M. Hoopes, expressing her eagerness for a hearing to publicly clarify the circumstances surrounding the case.

 

 

Source: Massachusetts Lawyers Weekly